K.G. Jagannath And Anr. vs State Transport Appellate Tribunal, ... on 24 September, 1997
1. The petitioner is the State Carriage permit holder of aii inter-State route plying the state carriage from Bangalore of Karnataka State to Ananthapur of A.P.State. He applied for variation of the permit for increase of two single trips and inclusion of one additional vehicle to ply on the said route and obtained a favourable order from the Kamataka State Transport Authority on a condition that he should obtain counter-signature of the State Transport Authority of A.P. He has therefore applied to the State Transport Authority of A.P. for counter-signature and the State Transport Authority, Hyderabad, passed an order dated 15-6-1984 granting counter-signature. Aggrieved by the order, the Karnataka State Transport Authority, Bangalore, filed R.P.No.111/85 before the State Transport Appellate Tribunal, A.P., Hyderabad. It was argued before the Tribunal that the State Transport Authority, Hyderabad,
had no jurisdiction to grant or counter-sign variation and that the variation was impermissible under law as it violates the terms and conditions of approved scheme. Relying upon a Division Bench decision in A.P.S.R.T.C. v. State Transport Appellate Tribunal, Hyderabad, 1987 (2) ALT 900 (W.A.No.231/83, dated 13-7-87) wherein it was held that the State Transport Authority was not competent to grant any variation to any existing permit under Section 48(iii)(xxi) of the Motor Vehicles Act, 1939 and the Rules framed thereunder, the Tribunal, by an order dated 14-12-1989, allowed the Revision Petition and set aside the order of the State Transport Authority, Hyderabad. The petitioner challenges the validity of the order of the Tribunal in this writ petition.